BusinessLegalRequiring Employee COVID Vaccinations is Legal - Federal Judge

Requiring Employee COVID Vaccinations is Legal – Federal Judge

-

- Advertisment -sslate

A judge has ruled that a hospital’ss policy requiring employees to be vaccinated against COVID-19 was lawful and did not violate public policy, notes public interest law professor John Banzhaf, whose analysis regarding policies mandating vaccination for returning college students reached the same conclusion.

He wrote that employment law “only protects employees from being terminated for refusing to commit an act carrying criminal penalties to the worker,” and that “receiving a COVID-19 vaccination is not an illegal act, and it carries no criminal penalties.”

The plaintiff had argued that the requirement violated public policy. But the judge ruled that “the injection requirement is consistent with public policy.

This, of course, is consistent with the position of the Equal Employment Opportunity Commission [EEOC] that employers can require that employees be vaccinated against COVID-19 subject to reasonable accommodations for employees with disabilities or sincerely held religious beliefs that preclude vaccination.

The plaintiff also repeated a favorite argument that no one can be mandated to receive “unapproved” medicines in emergencies, and she insists that no currently-available vaccines have been fully approved by the Food and Drug Administration.

COVID Vaccinations

But, ruled the federal judge, plaintiff “has misconstrued this provision. It neither expands nor restricts the responsibilities of private employers; in fact, it does not apply at all to private employers like the hospital in this case. It does not confer a private opportunity to sue the government, employer, or worker….”

Thus, says Banzhaf, this analysis that mandatory vaccination requirement are legal applies to employees, and is not limited to hospitals, health care providers, etc.

Her arguments that the new requirement violates federal law governing the protection of “human subjects,” that “consent cannot be obtained through coercion or undue influence,” and that it somehow “violates the Nuremberg Code,” were also rejected, and properly so, argues Banzhaf.

Employers, as well as governmental bodies, schools including K-12 and colleges and universities, summer camps for children, and other have long required that people receive various types of vaccinations, and courts – including the U.S. Supreme Court – have upheld them, so this ruling is nothing new or novel, argues the professor.

covid

He has also written that it is legal for theaters, sporting events and concerts, cruise ships, and even individual places of public accommodation such as restaurants to require patrons to prove that they have received a COVID vaccine in order to obtain admission, favored seating, etc.

He explains that generally businesses are permitted to impose whatever conditions or requirement they believe are warranted, unless they involve fraud, and/or discrimination.

Sunshine Slatehttps://www.sunshineslate.com
Sunshine Slate is your news, entertainment, music fashion website. We provide you with the latest breaking news and videos straight from the United States of America.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

BigCommerce Named a Strong Performer Among B2B and B2C Ecommerce Platforms in Industry Reports

BigCommerce received the highest score possible in six different criteria: Promotions Management, Third-Party Channels, Architecture, Extensibility and Integration, Performance and Commercial Model.

Embracing nature: How to create the Chelsea trends in the home and garden

A must in the gardening calendar, the flagship Royal Horticultural Society has moved back to its rightful time of year after being postponed to last autumn.

The Myth of the Existence of ‘High- Performance’ Teams

To measure trust in a leadership team by collecting saliva samples before and after an intervention, which reveals fascinating results described in the book.

Law Boosts FL Mental Health Focus For Students And Families

Starting in July, Florida students and families will receive more information on the mental health services they are entitled to.
- Advertisement -

For Stroke Awareness Month, Doc Advises People ‘BE FAST’

May is stroke awareness month. People need to act quickly to avoid lasting damage when they happen - and remember the acronym "BE FAST."

Create an Outdoor Oasis for a Garden Getaway

With the UK braced for warm weather, Wayfair has put together inspiration for Spring Summer outdoor spaces.
edealo.com
- Advertisement - Motel 6
transformerscon

Must read

Harvey Maria trend notes – Just add Colour to your Floors!

This year is all about making bold and beautiful colour choices for your home and having fun with chequered patterns.

Governor Vetoes Florida’s Court-Approved Redistricting Map

Governor Ron DeSantis has vetoed a new congressional map approved by fellow Republicans, Democrats and the Florida Supreme Court.
- Advertisement -
- Advertisement -sslate

You might also likeRELATED
Recommended to you